There are several ways in which you can prevent or rectify a violation of your rights during criminal proceedings in which you are a witness. If the violation is not rectified, there are several ways you can ask for compensation.
Your rights as a witness
If you believe that in the process of calling you to testify, or taking your testimony, your rights have been violated, you should file a complaint to:
- the supervising prosecutor if the testimony was taken by an investigator
- a higher prosecutor if the testimony was taken by a prosecutor
Your private life
If you believe that the questions asked to you during your testimony unjustifiably reveal secrets in your private life, you should file a complaint:
- to the investigative judge during the pre-trial procedure
- directly to the court by asking for the question to be stricken out during the trial
Failure to grant protection
- If the investigator or prosecutor in your case refused to suggest granting you special protection, you should appeal that decision to the Prosecutor General.
- If the decision was taken by the Prosecutor General according to the Administrative Procedure Act, you should first submit a challenge to the Prosecutor’s Office and then appeal it to the Administrative Court (halduskohus).
- If the decision was taken by the court, you should file the appeal to a higher court.
Compensation
If a violation of your rights was not rectified during the trial, you should apply to other national or international human rights institutions to establish whether your rights were violated and obtain compensation.
Read more about compensation: